Opinion
Case: 1:16-cv-01989
10-04-2016
Jean Paul Gamarra, Plaintiff, v. Hillary Rodham Clinton, Defendant.
(F-Deck)
Assigned To : Unassigned
Assign. Date : 10/6/2016
Description: Pro Se Gen. Civil
MEMORANDUM OPINION
This matter is before the Court on its initial review of plaintiff's pro se complaint and application for leave to proceed in forma pauperis. The Court will grant the application and dismiss the complaint for lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3) (requiring the court to dismiss an action "at any time" it determines that subject matter jurisdiction is wanting).
Plaintiff's "Complaint" against United States presidential candidate Hillary Rodham Clinton is captioned "Application for Motion to Expart [sic] Defendant being qualified for Oath Office." Plaintiff begins by stating: "The indictment of information of ballistic, credible evidence and congressional record provide the capitol [sic] offense of treason Felony and breach of peace all in direct relationship to her duty . . . ." Compl. at 1. Plaintiff continues in this incoherent manner for more than twenty pages.
A district court cannot exercise subject matter jurisdiction "when the complaint 'is patently insubstantial, presenting no federal question suitable for decision.'" Caldwell v. Kagan, 777 F. Supp. 2d 177, 178 (D.D.C. 2011) (quoting Tooley v. Napolitano, 586 F.3d 1006, 1009 (D.C. Cir. 2009)). The instant complaint satisfies that standard. Accordingly, this case will be dismissed with prejudice. See Gamarra v. Clinton, No. 16-1454 (D.D.C. July 14, 2016) (same). A separate order accompanies this Memorandum Opinion. Date: October 4, 2016
/s/_________
United States District Judge